IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1383/2019 Between:
Sri H.E. Doddaiah S/o Eraiah, Aged about 51 years, Veerabhadreshwara Enterprises, Proprietor, Tolgate Circle, Champaka Nagara, Sakaleshpura, Hassan District-573 134. … Petitioner (By Sri. Pratheep. K.C., Advocate) And:
Sri B.S.Shivashankara S/o Late Shankraiah, Aged about 36 years, Bommanakere, Hethuru Hobli, Sakaleshpura Taluk, Hassan District-573 134. … Respondent (By Sri. K. K. Manjunata, Advocate) This Criminal Revision Petition is filed under Section 397 R/W Section 401 of Cr.P.C., praying that this Hon’ble Court may be pleased to set aside the judgment dated 01.10.2018 passed by the V Additional District Session Judge at Hassan in Crl.A.No.132/2018 and in C.C.No.735/2017 dated 08.06.2018 passed by Additional Civil Judge and JMFC at Sakaleshpura and acquit the petitioner for the offence P/U/S 138 of N.I.Act, 1881.
This Criminal Revision Petition is coming on for Admission, this day, the Court made the following:
O R D E R Petitioner/accused Sri. H.E. Doddaiah S/o Eraiah is present along with his counsel. Sri. B.S.Shivashankara S/o Late Shankraiah is present along with his counsel.
2. Today, they have filed a joint memo dated 28.11.2019 stating that at the intervention of the elders, both the parties have amicably settled the dispute. The respondent acknowledges that the entire amount of Rs.1,65,000/- has been received from the petitioner/accused for full and final settlement and the case has been ended in a compromise. The same may be recorded and the accused may be acquitted for the charges leveled against him. Learned counsel for the respondent has also filed an application under Section 147 of N.I.Act permitting him to compound the offence.
2. The said joint memo and the application are placed on record.
3. In terms of compromise entered into between the parties, the judgment of conviction and order of sentence passed by the Court of Additional Civil Judge and J.M.F.C., Sakleshpur in C.C.No.735/2017 and subsequently, confirmed by the Court of 5th Additional District and Sessions Judge, Hassan in Crl.A.No.132/2018 dated 01.10.2018 are set aside and the petitioner/accused is acquitted for the charges leveled against him. The petition is disposed of interms of the compromise.
In view of disposal of the main petition, I.A.No.2/2019 does not survives for consideration. Accordingly, the same is also disposed of.
Sd/- JUDGE NR/-